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Asset forfeiture or asset seizure is a form of confiscation of assets by the authorities. In the United States, it is a type of criminal-justice financial obligation . It typically applies to the alleged proceeds or instruments of crime.
As a punishment, it differs from a fine in that it is not primarily meant to match the crime but rather reattributes the criminal's ill-gotten spoils (often as a complement to the actual punishment for the crime itself; still common with various kinds of contraband, such as protected living organisms) to the community or even aims to rob them of their socio-economic status, in the extreme case ...
Contraband (from Medieval French contrebande "smuggling") [1] is any item that, relating to its nature, is illegal to be possessed or sold. It comprises goods that by their nature are considered too dangerous or offensive in the eyes of the legislator—termed contraband in se —and forbidden.
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In civil forfeiture, assets are seized by police based on a suspicion of wrongdoing, and without having to charge a person with specific wrongdoing, with the case being between police and the thing itself, sometimes referred to by the Latin term in rem, meaning "against the property"; the property itself is the defendant and no criminal charge ...
It tracked instances of asset forfeiture over a three-year period between July 2019 and November 2023. It found that more than $23 million in property was seized during 2,000 police contacts in ...
However, as with the application of this doctrine elsewhere, the plain view doctrine only justifies a seizure of evidence or contraband that is in plain view, and it does not justify a further search. In United States v. Carey, [24] a detective was searching a computer for evidence of drug trafficking. When he opened an image file that depicted ...
U.S. Assistant Attorney Amar Bhachu said a key issue involved whether or not Madigan and McClain had to have their “hands on the money” in order for the government to seek forfeiture of funds.